The ESB has won its Supreme Court appeal over a significant finding that a procedure, under which the board served a notice to enter private lands to carry out works on electricity lines, was unlawful. The ESB denied any such representation and that dispute was not an issue before the Court of Appeal or Supreme Court. Wayleave noticeThe wayleave notice of June 28th, 2013, was signed by Eoin Waldron, an authorised officer of the ESB, and served by him on Killross. The section 53 power was needed to place a temporary diversion line. Before exercising that power, the ESB is bound to serve a notice under section 53 and there was no unlawful delegation of its statutory power.

Source: The Irish Times April 18, 2018 17:26 UTC